Appendix A to schedule 4 marketplaceBuyers’ Rules v1.4
1. Buyer may use the Capacity it purchases to provide services to third parties. Buyer may terminate any purchase for Capacity at any time.
2. Buyers are solely responsible for maintaining a copy of their content/User Content even if stored on OnApp’s or a third party’s equipment; you acknowledge and agree that you alone are liable for all User Content and that OnApp has no responsibility for any User Content transmitted by you or for other content that may be received by you via the system. You will reasonably cooperate with us and will provide us promptly upon request with any certificates or documents as are reasonably requested to obtain approvals, consents, licenses and/or permits required for any payment or any export or import of products or services under the Agreement. Subject to the provisions of the Agreement.
3. To use the Marketplace, Buyers must have a subsisting Marketplace account with us. We may only suspend or close Buyer’s Marketplace account in accordance with the Agreement.
4. Buyers must strictly comply on time with the OnApp payment rules applicable to their chosen price plan as notified to them or published online by us from time to time.
5. When Buyers purchase Capacity in the Marketplace that purchase will be subject to the pricing and other terms and conditions – which may include a Seller’s SLA – set by the Seller of that Capacity that apply to use of that Capacity. Buyers may decide whether or not to purchase Capacity on the terms set by its Seller but not on any other terms. If a Buyer purchases Capacity from OnApp it does so subject to terms set by OnApp and any additional terms set by its Seller. A Buyer agrees to abide by all of our and the Sellers’ terms and conditions applicable to the Capacity purchased. OnApp uses its reasonable endeavours to maintain a high quality of service provision throughout the Marketplace but Buyers understand and agree that the Capacity purchased from OnApp is delivered by Sellers alone and not by OnApp and that the quality of service provided by Sellers in the Marketplace is not controlled by OnApp and that, as a result, OnApp does not make any representations nor give any warranties about the quantity, quality, reliability, integrity, availability, price or any other quality of the Capacity offered in the Marketplace save as expressly provided in this Agreement.
6. It is unlikely we shall need to but if we consider it necessary we may suspend or terminate your account at any time without cause on not less than 28 days written notice in which case we shall refund to you any unused pre-paid Fees subject to applicable set-offs.